WORKING IN THE UK
Tier 2 and 5 sponsors: updated guidance
UK Visas and Immigration (UKVI) have published revised guidance for employers and organisations who want to apply for a sponsor licence to sponsor migrants under Tier 2 and/or Tier 5 of the points-based system.
The key changes are as follows:
The key changes are as follows:
- Sponsors will no longer be able to add tiers to their licence if they have been suspended or downgraded to a B-rating.
- Those directly employed by sponsors can no longer certify copies of documents on behalf of their employer when submitting evidence for licence applications or other licence change requests.
- Additional guidance has also been added to explain what similar protection to TUPE includes.
Annual renewal of CoS allocation
Sponsors are reminded that if they are required to manually renew their follow-on allocation of Certificates of Sponsorship (CoS) that the window is now open, and they must do so before the end of March.
However, if your follow-on CoS allocation is automated, you will automatically be granted a new allocation that would be equal to the number of CoS you assigned in that category during the previous allocation year.
To establish if your allocation will be renewed automatically, your Level 1 user should log in to the Sponsorship Management System (SMS) and select 'Licence summary, applications and services', then 'Request renewal of annual CoS/CAS allocations'. You should then be able to see on the screen whether your allocations are renewed automatically. If the screen does not say 'automatic renewal', you will need to manually apply to renew your CoS allocation for the next allocation year by the end of March.
If you need any support with doing this, please call us on 01344 624016 or email us at enquiries@veristat.co.uk.
However, if your follow-on CoS allocation is automated, you will automatically be granted a new allocation that would be equal to the number of CoS you assigned in that category during the previous allocation year.
To establish if your allocation will be renewed automatically, your Level 1 user should log in to the Sponsorship Management System (SMS) and select 'Licence summary, applications and services', then 'Request renewal of annual CoS/CAS allocations'. You should then be able to see on the screen whether your allocations are renewed automatically. If the screen does not say 'automatic renewal', you will need to manually apply to renew your CoS allocation for the next allocation year by the end of March.
If you need any support with doing this, please call us on 01344 624016 or email us at enquiries@veristat.co.uk.
Annual renewal of CoS allocation
UKVI have created an Immigration Skills Charge (ISC) calculator, to help sponsors when assigning CoS in Tier 2 General or ICT that might be eligible for ISC.
The calculator will help you determine ISC eligibility and the fee required, according to the specific circumstances of each case.
https://visas-immigration.service.gov.uk/isc-fee-check/
Sponsor guidance: keeping records for sponsorship
An updated guide has been published by UKVI to the sponsorship documents that businesses and educational institutions must keep.
You can download the updated Appendix D document here.
You can download the updated Appendix D document here.
https://www.gov.uk/government/publications/keep-records-for-sponsorship-appendix-d
Restricted certificates of sponsorship (January 2018)
UKVI have published the allocations of restricted certificates of sponsorship (CoS) for January 2018.
All valid applications received by 5th January were successful if they scored at least 46 points.
A total of 1,536 restricted certificates were granted in January with there being a total of 1,615 available for allocation in February 2018.
You can download further information here.
All valid applications received by 5th January were successful if they scored at least 46 points.
A total of 1,536 restricted certificates were granted in January with there being a total of 1,615 available for allocation in February 2018.
You can download further information here.
Tier 1 (Investor): updated guidance
The guidance for applicants wishing to apply for a Tier 1 (Investor) visa have been revised. The updated guidance is for use on or after 11 January 2018.
You can view the updated Tier 1 (Investor) guidance here.
You can view the updated Tier 1 (Investor) guidance here.
STUDYING IN THE UK
Sponsor a Tier 4 student: updated guidance for educators
UKVI have published updated guidance documents for education institutions wishing to sponsor international students under Tier 4 of the points-based system.
The key changes are as follows:
- Details have been added regarding the limited part-time courses that can now be offered under Tier 4.
- They have clarified that for providers who are subject to a statutory education inspection, there will be a planned schedule for reviews, within which the Education Oversight body may decide that additional scrutiny is necessary.
- The requirement ratings that education providers must meet following HEFCE/DfE in Northern Ireland Education Oversight inspections has been added, as well as the required ratings following QAA inspections.
- The prohibition on an overseas Higher Education institution re-applying for Educational Oversight for 2 years after being made a Legacy sponsor has been removed.
- Information has been added on the standards that Higher Education institutions must meet after being subject to the Unsatisfactory Quality Scheme process before they can re-apply for a CAS allocation.
- A new type of partnership arrangement has been added which may be established between an HEI and a research institute. A definition of a research institute has also been added to the glossary in the guidance.
- Probationary sponsors with no compliance issues can now apply for Premium Customer Service.
- It has been clarified that schedule breaks do not count towards the requirements to provide 15 hours of classroom based study.
- It has been confirmed that part-time courses are not considered to be "distance learning" due to the face-to-face learning involved.
- An exemption is now included to academic progression for students extending their leave to complete a work placement or study abroad programme or to complete their course, having completed a work placement or study abroad programme.
- Law conversion courses in England and Wales are now validated by the Solicitors Regulation Authority and Bar Standards Board, instead of being validated by the Joint Academic Stage Board.
- The guidance now states that English Language Level B1 is a minimum level so that HEIs can apply it to students who have already attained Level B2 but need to improve further within that level before proceeding to their degree studies.
- It has been clarified that a student must be on a full-time course if they wish to extend their leave in country.
- The start date on the CAS must be the date that the student needs their new leave to commence, when assigning a CAS to a student for entry clearance to continue the same course.
- A clarification has been made to how UKVI calculates the refusal rate for a Basic Compliance Assessment (BCA) and confirmation that UKVI will send a reminder to sponsors by email when their BCA application is due.
UKVI have published updated guidance documents for education institutions wishing to sponsor international students under Tier 4 of the points-based system.
The key changes are as follows:
- Details have been added regarding the limited part-time courses that can now be offered under Tier 4.
- They have clarified that for providers who are subject to a statutory education inspection, there will be a planned schedule for reviews, within which the Education Oversight body may decide that additional scrutiny is necessary.
- The requirement ratings that education providers must meet following HEFCE/DfE in Northern Ireland Education Oversight inspections has been added, as well as the required ratings following QAA inspections.
- The prohibition on an overseas Higher Education institution re-applying for Educational Oversight for 2 years after being made a Legacy sponsor has been removed.
- Information has been added on the standards that Higher Education institutions must meet after being subject to the Unsatisfactory Quality Scheme process before they can re-apply for a CAS allocation.
- A new type of partnership arrangement has been added which may be established between an HEI and a research institute. A definition of a research institute has also been added to the glossary in the guidance.
- Probationary sponsors with no compliance issues can now apply for Premium Customer Service.
- It has been clarified that schedule breaks do not count towards the requirements to provide 15 hours of classroom based study.
- It has been confirmed that part-time courses are not considered to be "distance learning" due to the face-to-face learning involved.
- An exemption is now included to academic progression for students extending their leave to complete a work placement or study abroad programme or to complete their course, having completed a work placement or study abroad programme.
- Law conversion courses in England and Wales are now validated by the Solicitors Regulation Authority and Bar Standards Board, instead of being validated by the Joint Academic Stage Board.
- The guidance now states that English Language Level B1 is a minimum level so that HEIs can apply it to students who have already attained Level B2 but need to improve further within that level before proceeding to their degree studies.
- It has been clarified that a student must be on a full-time course if they wish to extend their leave in country.
- The start date on the CAS must be the date that the student needs their new leave to commence, when assigning a CAS to a student for entry clearance to continue the same course.
- A clarification has been made to how UKVI calculates the refusal rate for a Basic Compliance Assessment (BCA) and confirmation that UKVI will send a reminder to sponsors by email when their BCA application is due.
Short-term students
The guidance on how short-term students (STS) applications for entry clearance or leave to remain are considered has been updated by UKVI.
The guidance has been significantly re-drafted as a result of a review. The key changes are as follows:
- Students can now remain in the UK for up to 30 days after the end of their study.
- The minimum age requirement within STS has been reduced from 18 to 16.
- An amendment has been made to allow students to complete electives when they are studying towards a medical, dentistry or veterinary degree at an overseas higher education institution through the STS route. Those studying electives will continue to be unable to complete any other type of work.
The guidance on how short-term students (STS) applications for entry clearance or leave to remain are considered has been updated by UKVI.
The guidance has been significantly re-drafted as a result of a review. The key changes are as follows:
- Students can now remain in the UK for up to 30 days after the end of their study.
- The minimum age requirement within STS has been reduced from 18 to 16.
- An amendment has been made to allow students to complete electives when they are studying towards a medical, dentistry or veterinary degree at an overseas higher education institution through the STS route. Those studying electives will continue to be unable to complete any other type of work.
Benefits of international students to the UK economy
A study by London Economics, which was commissioned by the Higher Education Policy Institute (HEPI) and Kaplan International Pathways, has found that international students are worth about 10 times more to the UK economy than they cost the taxpayer.
The analysis is to be submitted as evidence to an inquiry on the impact of international students, which is currently being undertaken by the independent Migration Advisory Committee (MAC) at the request of Amber Rudd, the Home Secretary. The MAC are due to report its findings later this year.
The full report can be viewed here.
A study by London Economics, which was commissioned by the Higher Education Policy Institute (HEPI) and Kaplan International Pathways, has found that international students are worth about 10 times more to the UK economy than they cost the taxpayer.
The analysis is to be submitted as evidence to an inquiry on the impact of international students, which is currently being undertaken by the independent Migration Advisory Committee (MAC) at the request of Amber Rudd, the Home Secretary. The MAC are due to report its findings later this year.
The full report can be viewed here.
OTHER IMMIGRATION NEWS
EU citizens - permanent residence
We have heard from a number of sources recently that they have been advised that EU citizens can no longer apply for permanent residence.
Whilst you don't currently need to apply for a document to prove you can live in the UK, before the new scheme is in place, you can still apply for permanent residence document if you are an EEA or Swiss national and you want to either:
Whilst you don't currently need to apply for a document to prove you can live in the UK, before the new scheme is in place, you can still apply for permanent residence document if you are an EEA or Swiss national and you want to either:
- apply for British citizenship; or
- sponsor your partner's visa application under the Immigration Rules
Further information about applying for permanent residence can be viewed here.
Please do get in touch by email at enquiries@veristat.co.uk if you would like help with your application.
Indefinite leave to remain applications: calculating continuous period in UK
The guidance on how to calculate the 5-year continuous lawful period in the UK requirement for applicants applying for settlement (indefinite leave to remain) has been updated by UKVI.
The following changes have been made:
The updated guidance can be viewed here.
The following changes have been made:
- Changes have been made to the section covering 180 days' absence in a 12-month period
- Removed the Tier 2 rule covering gaps in employment of 60 days
- Adds PBS dependants as a category covered by this guidance
- Removed reference to equivalent routes in the Crown Dependencies. Information on leave held in the Crown Dependencies has been moved to the Common Area Travel guidance and this will be published in due course.
The updated guidance can be viewed here.
https://www.gov.uk/government/publications/indefinite-leave-to-remain-calculating-continuous-period-in-uk
An report on the review and removal of immigration, refugee and citizenship "status"
The Independent Chief Inspection of Borders and Immigration has published a report on the review and removal of immigration, refugee and citizenship "status"
You can read the full report here. The Home Office response to this inspection report can be downloaded here.
You can read the full report here. The Home Office response to this inspection report can be downloaded here.
https://www.gov.uk/government/publications/report-on-the-review-and-removal-of-immigration-refugee-and-citizenship-status
https://www.gov.uk/government/publications/response-to-an-inspection-report-on-the-review-and-removal-of-immigration-refugee-and-citizenship-status
https://www.gov.uk/government/publications/response-to-an-inspection-report-on-the-review-and-removal-of-immigration-refugee-and-citizenship-status
An inspection of the Home Office's production and use of country of origin information
The Independent Chief Inspection of Borders and Immigration has published a report following his inspection of the Home Office's production and use of country of origin information.
You can read the full report here. The Home Office response to this inspection report can be downloaded here.
You can read the full report here. The Home Office response to this inspection report can be downloaded here.
https://www.gov.uk/government/publications/an-inspection-of-country-of-origin-information
https://www.gov.uk/government/publications/response-to-an-inspection-report-on-the-home-offices-production-and-use-of-country-of-origin-information
https://www.gov.uk/government/publications/response-to-an-inspection-report-on-the-home-offices-production-and-use-of-country-of-origin-information
An inspection of how the Home Office learns from Immigration litigation
The Independent Chief Inspection of Borders and Immigration has published a report following his inspection of how the Home Office learns from Immigration litigation.
You can read the full report here. The Home Office response to this inspection report can be downloaded here.
You can read the full report here. The Home Office response to this inspection report can be downloaded here.
VERISTAT SERVICES
Training for employers and education providers
We provide bespoke training on all aspects of immigration matters, including Right to Work, Tier 2, sponsorship, Tier 4 sponsorship, and identification of fraudulent documents.
These training sessions are conducted on the client's premises for a standard half-day rate for up to a maximum of 12 persons per session attending.
If you think your organisation would benefit from training in any of these areas, please email enquiries@veristat.co.uk for a quote.
If you would like to discuss the contents or format of our training sessions, or require a bespoke training package delivered, please either call us on 01344 624016 or email us at enquiries@veristat.co.uk.
These training sessions are conducted on the client's premises for a standard half-day rate for up to a maximum of 12 persons per session attending.
If you think your organisation would benefit from training in any of these areas, please email enquiries@veristat.co.uk for a quote.
If you would like to discuss the contents or format of our training sessions, or require a bespoke training package delivered, please either call us on 01344 624016 or email us at enquiries@veristat.co.uk.
Audits and Inspections
Veristat is hugely experienced at providing compliance audits across all immigration tiers. We have worked with hundreds of employers, ranging from small family businesses to multi-nationals, high street retailers and professional sports clubs. In the education sector, we have worker with over 30 universities and a significant number of colleges and schools.
Our audit/inspection service is full flexible and can be tailored to individual requirements, and is based on sound practical experience of UKVI's policies, culture and approach.
- For employers, we offer on-site Tier 2 compliance inspections (with staff aware or unaware to simulate a surprise UKVI visit). We also offer right to work compliance visits.
- For education providers, our service ranges from a "lite" health-check to a comprehensive review of Tier 4 activities, assessing compliance with UKVI requirements and sharing best practice. We also offer targeted inspections covering specific issues, such as BCA, Tier 2, policies, relationships with partner institutions, etc.
On completion, we provide a comprehensive, evidence-based report, together with an assessment of how compliant the business or institution is with UKVI's requirements. We support the introduction of change if required and offer a 'spot check' follow up service at a later date if required to reassure management that recommendations have been implemented.
If you're interested in booking an audit/inspection, please call us on 01344 624016 or email us at enquiries@veristat.co.uk.
File Inspection Days
If you're unsure whether you require a full compliance audit or specific training but would like an independent check of your files to ensure they are fully compliant with Home Office requirements, we can provide a UKVI file compliance inspection of either your staff or student files.
Depending on the number of employees/students you have, we would either check all files or an agreed sample. After the inspection has taken place, we would provide a written report outlining any risks, feedback and recommendations.
If you would like a quote for a file inspection day, please call 01344 624016 or email us at enquiries@veristat.co.uk.
Depending on the number of employees/students you have, we would either check all files or an agreed sample. After the inspection has taken place, we would provide a written report outlining any risks, feedback and recommendations.
If you would like a quote for a file inspection day, please call 01344 624016 or email us at enquiries@veristat.co.uk.
Presentations for European nationals (Brexit)
We can also provide sessions targeted at European nationals currently living and working in the UK. We can come to your premises and speak directly to your EU/EEA and Swiss employees, outlining their position now, and the likely situation they may find themselves in following Brexit. These practical sessions are designed to clarify the situation and more importantly their options going forwards.
If you're interested in booking a session for the European nationals working for you, please call 01344 624016 or email enquiries@veristat.co.uk.
To download this month's update as a PDF document, please go to the following URL then save this:
http://www.veristat.co.uk/CMS/FILES/Monthly_Update__February_2018.pdf
If you're interested in booking a session for the European nationals working for you, please call 01344 624016 or email enquiries@veristat.co.uk.
To download this month's update as a PDF document, please go to the following URL then save this:
http://www.veristat.co.uk/CMS/FILES/Monthly_Update__February_2018.pdf
